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(영문) 서울동부지방법원 2015.11.18 2015고단317
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 28, 2014, at around 17:00, the Defendant was subject to control on the ground that he operated a Fextonton car in violation of traffic signal by the Chief Party E belonging to the Seoul Songpa-gu Police Station D police box, who was patroled in front of Songpa-gu Seoul.

The Defendant: (a) expressed his driver’s license from E; (b) expressed his driver’s license, and (c) expressed the victim’s desire to “it is not obvious to ring the son, who is a scarf, who is a scarf, shall be sentenced to death, and the driver’s license shall be sentenced to death, and the driver’s license shall be sentenced to death at the end; and (d) expressed the victim’s right part of the E’s right part of the bridge by walking at several times.”

Accordingly, the defendant interfered with legitimate execution of duties by police officers on traffic control.

Summary of Evidence

1. Legal statement of witness E;

1. The application of Acts and subordinate statutes to the police statement of Eul (a defendant asserts that there is no violation of the signal signal or violence against a police officer, but all the facts charged can be recognized by the witness's statement);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The basic area of obstruction of performance of official duties (f.g., June-1 and April) (f., the decision of sentence] / The defendant was sentenced to a suspended sentence of three years for one year of imprisonment due to the crime of obstruction of official duties. The defendant denied the crime and has no conviction. Nevertheless, the suspended sentence should be sentenced in consideration of the details of the crime and the degree of assault.

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